Spender and Spender
Case
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[2011] FamCA 499
•28 June 2011
Details
AGLC
Case
Decision Date
Spender and Spender [2011] FamCA 499
[2011] FamCA 499
28 June 2011
CaseChat Overview and Summary
In the matter of *Spender and Spender*, heard by Cronin J, the proceedings concerned an application by the wife for interim orders and, by way of amendment, for final orders in family law proceedings. The husband sought security for costs.
The court was required to determine whether to grant the wife leave to file an amended application seeking final orders, whether to dismiss the application for interim orders, and whether to order the wife to provide security for the husband's costs.
Cronin J ordered the removal of Ms B as a respondent and granted the wife leave to file an amended application for final orders. The application for interim orders was dismissed. Crucially, the court ordered the wife to pay $20,000 into her solicitors' trust account as security for costs, with her application for final orders to stand dismissed if this payment was not evidenced by 4 pm on 27 July 2011. The husband was excused from filing a financial statement until further order, and liberty to apply was granted. Provisions were also made for parties to make written submissions regarding costs.
The court was required to determine whether to grant the wife leave to file an amended application seeking final orders, whether to dismiss the application for interim orders, and whether to order the wife to provide security for the husband's costs.
Cronin J ordered the removal of Ms B as a respondent and granted the wife leave to file an amended application for final orders. The application for interim orders was dismissed. Crucially, the court ordered the wife to pay $20,000 into her solicitors' trust account as security for costs, with her application for final orders to stand dismissed if this payment was not evidenced by 4 pm on 27 July 2011. The husband was excused from filing a financial statement until further order, and liberty to apply was granted. Provisions were also made for parties to make written submissions regarding costs.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Costs
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Procedural Fairness
Actions
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Citations
Spender and Spender [2011] FamCA 499
Most Recent Citation
Bhasin & Handa [2021] FCCA 1446
Cases Cited
14
Statutory Material Cited
2
B Pty Ltd and Ors & K and Anor
[2008] FamCAFC 113
Wayne & Dillon & Anor
[2008] FamCAFC 204
Pencious & Pencious
[2010] FamCA 605